Triplett v. Witherspoon
Supreme Court of North Carolina
Civil. aotioN, for the recovery of a tract of land and for damages for its detention, tried before his Honor, Judge Mitchell, at Fall Term, 1873, of the Superior Court of the county of Caldwell. The following is the case as made up and amended by the counsel of the parties, and as settled by the presiding Judge, and transmitted as part of the record to this Court.
Read the full summary
Civil. aotioN, for the recovery of a tract of land and for damages for its detention, tried before his Honor, Judge Mitchell, at Fall Term, 1873, of the Superior Court of the county of Caldwell. The following is the case as made up and amended by the counsel of the parties, and as settled by the presiding Judge, and transmitted as part of the record to this Court. In support of the allegations in his complaint, the plaintiff offered evidence tending to show, that in April, 1861, Manly Fames, the father of the feme plaintiff, the wife of the plaintiff, Triplett, executed and delivered to her a…
1Opinion of the Court
Pjsarson, O. J.
His Honor erred in giving the instruction, *‘if the jury believe that the deed was made by Barnes to plaintiff Louisa, on a secret trust that she was to hold the legal title for the use and benefit of Barnes, plaintiff could not recover.”
This secret trust was void, and would not have been enforced by the Courts, because the purpose was to defraud creditors and purchasers, and such a trust is not fit to be executed.
It follows that the plaintiff Louisa had the legal title subject only to the rights of creditors and purchasers under 13 and 27 Elizabeth. There are no creditors in…
2Cited by6 opinions
- Triplett v. . WitherspoonSupreme Court of North Carolina · 1876
- Pass v. . LynchSupreme Court of North Carolina · 1895
- Brinkley v. SpruillSupreme Court of North Carolina · 1902
- Bank of New Hanover v. AdrianSupreme Court of North Carolina · 1895
- Brinkley v. . SpruillSupreme Court of North Carolina · 1902
1 more not listed; retrieve them via the Exa API.